The case concerned removal order issued on 14 August 2015 for an applicant, on the basis that he had been convicted of a criminal offence in 2007 and faced a custodial sentence of twelve years. The applicant had a child who was born in 2005, but, as the mother was married to a Maltese national, the child was registered as his daughter. The applicant was only declared as the natural father in proceedings before the Civil Court, First Hall (Family Section) in April 2020. The Immigration Appeals Board, in a decision of October 2020, upheld the removal order.

The foreign national appealed the decision on grounds that his exclusion from the life of his daughter without taking into account her best interests, amounts to a violation of his fundamental right to family life under Article 8 of the European Convention for the Protection of Human Rights. Additionally, he stated that the Board failed to take into account his attempts to establish a family in Malta and made an incorrect appreciation of the facts as regards the delays in him initiating the paternity proceedings. This was due to financial constraints as he was serving a custodial sentence and passed his income to the mother for their daughter’s maintenance.

The Court considered that the foreign national had failed to bring evidence in support of the family relationship he alleged and also failed to offer his or his partner’s and daughter’s testimony. Additionally, it noted that he always had the possibility to request legal aid in order to initiate paternity proceedings, and therefore this ground of appeal is unfounded. Lastly, with regards to the alleged infringement of his rights as protected by Article 8 of the ECHR, the Court observed that it does not have the power to rule on complaints on this matter and the appellant must submit his complaint to the Court with the appropriate power. The Court rejected the appeal and upheld the decision of the Chief Officer.